2018 North Carolina General Statutes
Chapter 15A - Criminal Procedure Act
Article 5 - Expunction of Records.
§ 15A-151.5 - Prosecutor access to expunged files.
15A-151.5. Prosecutor access to expunged files.
(a) Notwithstanding any other provision of this Article, the Administrative Office of the Courts shall make all confidential files maintained under G.S. 15A-151 electronically available to all prosecutors of this State if the criminal record was expunged on or after July 1, 2018, under any of the following:
(1) G.S. 15A-145. Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors.
(2) G.S. 15A-145.1. Expunction of records for first offenders under the age of 18 at the time of conviction of certain gang offenses.
(3) G.S. 15A-145.2. Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses.
(4) G.S. 15A-145.3. Expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses.
(5) G.S. 15A-145.4. Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony.
(6) G.S. 15A-145.5. Expunction of certain misdemeanors and felonies; no age limitation.
(7) G.S. 15A-145.6. Expunctions for certain defendants convicted of prostitution.
(8) G.S. 15A-146(a). Expunction of records when charges are dismissed.
(9) G.S. 15A-146(a1). Expunction of records when charges are dismissed.
(b) For any expungement granted on or after July 1, 2018, the expunged criminal records under subdivisions (1) through (7) of subsection (a) of this section may be used to calculate prior record level if the named person is convicted of a subsequent criminal offense.
(c) For any expungement granted on or after July 1, 2018, the information maintained by the Administrative Office of the Courts, and made available under subsection (a) of this section, shall be prima facie evidence of the expunged conviction for the purposes of calculating prior record level of the named person and shall be admissible into evidence at a subsequent criminal sentencing hearing. (2017-195, s. 1.)
